Growing marijuana in Wisconsin is a very serious offense

On behalf of The Law Offices of Robert A. Levine posted in blog on Tuesday, March 6, 2018.

For those who have a need or desire for marijuana, growing the plant themselves may seem like a the best option for the situation. Not buying it means avoiding the dangerous unregulated market and keeps potential profits out of the hands of drug cartels, gangs and other criminal elements. It also means the person growing it knows what fertilizers and other chemicals helped grow the plant.

While there are many reasons why someone may want to grow their own marijuana, it simply isn't legal to do so in Wisconsin. State laws on marijuana are very clear. Even those who qualify for medical marijuana use in Wisconsin may not grow their own marijuana. Anyone who does so could face serious criminal charges.

Growing hemp and marijuana is not the same thing

Wisconsin has been in the national news recently, as law makers last year passed a new law that will allow some farmers to grow industrial hemp. Hemp is often used interchangeably with marijuana, since both plants are from the same family. However, hemp crops typically use breeds created for seed production or long stems for fiber. Marijuana, on the other hand, has been bred for higher levels of psychoactive substances in its flowers.

While the state is currently accepting applications from farmers for growing hemp, these farmers will operate under strict regulation. Their plants will serve a utilitarian purpose and may end up tested to ensure low levels of psychoactive compounds. The average citizen cannot grow marijuana and claim that it is a hemp plant.

Know the penalties for marijuana cultivation

Whether you have a medical reason for the marijuana or not, you could find yourself facing felony charges for growing even a single plant in your home or your garden. The severity of the penalties associated with the cultivation felony charges will depend on how many plants there are.

People caught with four plants or fewer face up to 3.5 years in jail and a fine of up to $10,000. For those with gardens of between four and 20 plants, the jail sentence increases to six years. Those accused of growing between 20 and 50 plants could end up serving a decade in jail and paying a fine of as much as $25,000.

Larger gardens with between 50 and 200 plants could carry up to 12.5 years in jail. People growing more than 200 plants face up to 15 years in jail and up to $50,000 in fines. If a person has a previous cultivation charge on his or her record, the penalties for the offense could become even more steep. Marijuana cultivation charges demand careful consideration and a strong defense.

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